DEED OF GIFT

To the Regents of the University of California:

I (we), [insert donor's name here]of [insert donor's address here] (hereafter referred to as “DONOR”) am (are) the sole and absolute legal owner(s) with full right and authority to enter the Deed of Gift and grant the rights granted herein for the materials fully described in Exhibit A attached hereto and incorporated herein. All such materials are hereinafter referred to as "the Materials."

  1. DONOR desires to transfer the Materials as a gift to The REGENTS of the University of California for the benefit of the Los Angeles Campus ("THE REGENTS"), for inclusion and unrestricted access and use in the collection of the UCLA Library.
  1. DONOR hereby irrevocably assigns, transfers, and gives all of his (her, their) right, title and interest, exclusive of copyrights, to the Materials to THE REGENTS.
  1. After execution of this Deed of Gift by DONOR and acceptance by THE REGENTS, title to the Materials shall pass to THE REGENTS upon acknowledgement of receipt of the Materials by the UCLA Library.
  1. DONOR owns the tangible property in the Materials but does not own the copyright and is not hereby transferring any copyrights. However, no term or provision of this instrument shall be interpreted to limit or restrict the fair use rights of THE REGENTS or the UCLA Library or users of the Materials as provided by U.S. Copyright Law, Title 17, U.S.C. (“Fair Use Rights). These rights include, but are not limited to:

a)THE REGENTS right to make copies of the Materials for purposes of preservation and creation of a usable archival copy and to permit others to make copies of the Materials consistent with the Fair Use Rights.

b)THE REGENTS right to display and reproduce the Materials in exhibitions, catalogs, University publications or advertisements both on and off campus.

c)THE REGENTS right to digitize the Materials or use any technological substitute the UCLA Library deems appropriate to preserve and provide access to the Materials.

d)THE REGENTS right to provide unrestricted access and use, including Internet or other wireless or digital access to the Materials.

5.DONOR shall provide THE REGENTS with all information and documentation regarding the provenance of the Materials, including any information relating to intellectual property rights.

6.The Materials will be organized by the UCLA Library and a bibliographic record and/or finding aid will be created to describe the content and arrangement.

7. The Materials will be physically stabilized and preserved by the UCLA Library including, as appropriate, placing the Materials in non-damaging containers and storing in facilities that provide appropriate temperature and humidity control and security.

8.The Materials will be available to researchers after they have been arranged and described for use.

9.Donor agrees not to sell, donate, or deposit the Materials, including digital files or copies, at any other institution.

10.Donor grants UCLA the right to store acquired digital content in its entirety for preservation purposes.

11.Donor grants UCLA the right to access all data from digital media included in the Materials, including deleted files, log files, and systems files, and content protected by passwords or encryption. Donor understands and agrees that UCLA may utilize methods to bypass or unlock passwords and/or encryption protections in order to gain access to the data for preservation and scholarly purposes. Any restrictions on access to the Materials requested by the Donor will apply to any such recovered information.

12. DONOR shall indemnify, defend and hold THE REGENTS harmless from any losses, claims, damages, awards, penalties or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other property right arising out of the access and use of the Materials but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the acts or omissions of DONOR.

13. THE REGENTS are authorized to dispose of any duplicate or other material not relevant to the collection which it determines to have no permanent value or historical interest.

14. In the event that DONOR may hereafter donate additional materials to THE REGENTS such gifts shall be set forth in an Addendum to this Deed of Gift and will be governed by the terms and conditions stated above. The Addendum shall include a description of the additional materials so donated and any conditions necessary and pertinent to those specific, newly-donated materials and shall be signed by the DONOR and THE REGENTS.

Signed:(donor) ______

Name:______

this [insert day here] day of [insert month here], 20[complete year here].

FOR DEPARTMENTAL USE ONLY

Signature of UCLA Library:Date: ______

______

Title:______

Accepted for THE REGENTS of the University of California:Date: ______

______

Office of Gift Policy Administration

Title:______

DEED OF GIFT

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Form III –Donor(s) do not own IP- July 2017